Crown must prove

Question 1

S240(1) CA61, what must crown prove? (Obtaining by deception or causing loss by deception)

Answer 1

• That there was an intent to deceive
• That there was a representation by the defendant
• That the representation was false AND the defendant either Knew it to be false in material particular OR was reckless whether it was false in a material particular.

Question 2

S228(1) CA61 - Dishonestly takes or using a document

Answer 2

The prosecution must prove that the offender used (Or attempted to use) the document with the intent to obtain the property, service, valuable consideration, pecuniary advantage

Question 3

Under S220 CA61 (Theft by person in special relationship), what are the 2 core elements of proof required

Answer 3

• That he/she have received property on terms or in circumstances which, to the defendant’s knowledge, affect what the defendant may do with the property, or it proceeds or require the defendant to act in accordance with the requirements of another person AND
• That the defendant intentionally departed from the relevant obligation

Question 4

What must the prosecution prove under S256 CA61 Forgery

Answer 4

• That the false document be used or acted on as genuine.

Question 5

Crown must prove S257 CA61

Answer 5

• The document was false
• The user KNEW the document had been MADE with the knowledge and intent required under S256 CA61